Karnataka High Court
Smt Sumithra D vs M/S Shriram Transport on 10 November, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2025:KHC:45530
CRL.RP No. 834 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
CRIMINAL REVISION PETITION NO. 834 OF 2019
BETWEEN:
SMT SUMITHRA D.,
W/O DEENADAYALU,
AGED ABOUT 49 YEARS,
R/AT NO.117/7G, 8TH STREET,
JOGUPALYA, ULSOOR,
BENGALURU - 560 085.
...PETITIONER
(BY SRI KOMAL KUMAR C.B., ADVOCATE)
AND:
M/S SHRIRAM TRANSPORT
FINANCE CO.LTD.,
NO.123, ANGAPPA NAICKEN STREET
CHENNAI, REP. BY ITS GPA HOLDER
SRI ANGABHUSHANA M C.,
Digitally signed by S/O CHIKKARANGAIAH,
ANUSHA V LEGAL EXECUTIVE,
Location: High AGED ABOUT 39 YEARS,
Court of Karnataka R/AT NO.29/A, II FLOOR,
K H ROAD, BENGALURU - 560 027.
...RESPONDENT
(BY SRI M.J.ALVA, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE
COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER
DATED 13.06.2019 PASSED BY THE HON'BLE COURT OF LXIV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU
(CCH:65) IN CRL.A.NO.1212/2015 AND FURTHER SET ASIDE THE
ORDER DATED 01.09.2015 PASSED BY THE HON'BLE COURT OF XXI
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NC: 2025:KHC:45530
CRL.RP No. 834 of 2019
HC-KAR
ACMM AT BANGALORE IN C.C.NO.37134/2011 AND DISMISS THE
COMPLAINT OF THE RESPONDENT/COMPLAINANT BY ALLOWING THE
CRIMINAL REVISION PETITION.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL ORDER
Challenging judgment dated 13.06.2019 passed by LXIV Addl. City Civil & Sessions Judge, Bengaluru (CCH-65) in Crl.A.no.1212/2015 confirming judgment of conviction and order of sentence dated 01.09.2015 passed by XXI ACMM, Bengaluru, in C.C.no.37134 /2011, this revision petition is filed.
2. Learned counsel for parties jointly submitted that during pendency of revision petition, parties have entered into settlement to settle matter for fine amount as ordered by trial Court. It is stated that a sum of Rs.1,50,000/- was deposited by petitioner on 14.10.2025 and Rs.60,000/- on 29.08.2019 before trial Court and balance amount of Rs.2,10,000/-is paid by way of Demand Draft bearing no.134601 drawn on Bank of Baroda, Venkatagirikote Branch, Bengaluru Rural and handed over same to complainant in Court today. It is agreed between -3- NC: 2025:KHC:45530 CRL.RP No. 834 of 2019 HC-KAR parties that complainant would be entitled to withdraw amount in deposit.
3. Terms of settlement, reads as under:
"APPLICATION UNDER SECTION 147 OF THE NEGOTIABLE INSTRUMENTS ACT R/W SECTION 482 OF THE CRIMINAL PROCEDURE CODE The petitioner and respondent herein humbly submit as follows:
1. The respondent herein initiated criminal proceedings against revision petitioner for the offence punishable under Section 138 of Negotiable Instruments Act, which came to be convicted/awarded by judgment dated 01.09.2015. The revision petitioner herein filed appeal against the said judgment viz Crl.App.No.1212/2015, as per order passed by appellate court, the petitioner herein deposited Rs.1,50,000/- before trial court on 14.10.2015 vide Receipt no.0293205, through D.D.no.336093, the appeal filed by petitioner came to be dismissed by judgment dated 13.06.2019, thereby confirming the judgment passed by the trial court.
2. Being aggrieved by the said judgments, the revision petitioner herein approached this Hon'ble court by filing the above revision petition, as per order of this Hon'ble court the petitioner deposited another Rs.60,000/- before trial court by way of D.D. bearing no.134601, dated 29.08.2019, in compliance of order passed by this Hon'ble court to deposit 50% of fine amount inclusive of the amount which had already deposited.
3. Today the petitioner handed-over to the respondent D.D for Rs.2,10,000/-, bearing no.182075, drawn on Bank of Baroda, Venkatagirikote Branch, Bengaluru Rural.-4-
NC: 2025:KHC:45530 CRL.RP No. 834 of 2019 HC-KAR
4. The petitioner and respondent have settled dispute amicably the petitioner herein cleared the entire fine amount.
Wherefore, the petitioner and the respondent herein humbly pray that this Hon'ble Court be pleased to pass an order to compound the offenses punishable under Section 138 of Negotiable Instruments Act and to pass such other orders as this Hon'ble Court deems fit to pass, in the interest of Justice and Equity."
4. Perused terms of settlement. Same is taken on record.
5. Petitioner and Sri Prashantha C, General Power of Attorney Holder of respondent are present and identified by their respective counsel. On interaction, they have stated that terms of settlement were explained to them and after understanding same, they have affirmed it out of their free will and volition, without there being any threat, coercion or undue influence from anybody. Settlement is duly signed by both parties, whose signatures are identified by their respective counsel.
6. In view of terms of settlement, this Criminal Revision Petition is disposed of; judgments dated 13.06.2019 passed by LXIV Addl. City Civil & Sessions Judge, Bengaluru (CCH-65) in Crl.A.no.1212/2015 confirming judgment of conviction and -5- NC: 2025:KHC:45530 CRL.RP No. 834 of 2019 HC-KAR order of sentence dated 01.09.2015 passed by XXI ACMM, Bengaluru, in C.C.no.37134 /2011, are set aside.
Sd/-
(RAVI V HOSMANI) JUDGE Psg* List No.: 1 Sl No.: 44